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74 Ga. App. 823

41 S.E.2d 430

Franzen v. Wall

Court of Appeals of Georgia

Decided February 5, 1947

Court of Appeals of Georgia · decided 1947-02-05

Relies on 74 Ga. App. 63 - Healey Real Estate & Improvement Co. v. Wilson · Cox v. Dolvin Realty Co. · E. Tris Napier Co. v. Brown

Good law ✅— No negative treatment on recordhow we know

Decided 1947-02-05

How this case has been cited

Cited by 9 later decisions — most recently November 2008

1 federal appellate · 8 state decisions

301947195019601970198019902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Eelton, J.

¶1 Where a landlord causes a dispossessory warrant to issue in order to obtain possession of certain premises on the grounds that the tenant is holding over and beyond his term and fails to pay the rent, the action is one to obtain possession of the premises and not to collect rent; and, therefore, there is no amount involved within the contemplation of the statute authorizing a direct bill of exceptions to the Court of Appeals to review a judgment of the Civil Court of Fulton County where the amount involved is $300 or more; and hence the Court of Appeals lacks jurisdiction to review the judgment of the Civil Court of Fulton County overruling the tenant’s motion for a new trial. Ga. Laws, 1933, pp. 292, 296, secs. 1, 3; Healey Real Estate &c. Co. v. Wilson, 74 Ga. App. 63 (38 S. E. 2d, 747); E. Tris Napier Co. v. Brown, 23 Ga. App. 212 (98 S. E. 120); Bloodworth v. Edwards, 69 Ga. App. 427 (25 S. E. 2d, 831); Tomlin v. Harper, 6 Ga. App. 808 (65 S. E. 1093); Cox v. Dolvin Realty Co., 56 Ga. App. 649 (193 S. E. 467). If there be any ruling in Faust v. Beale, 58 Ga. App. 358 (198 S. E. 313), to the contrary, such ruling must yield to the older authorities cited above. In the ease of Dobbs v. Sims, 74 Ga. App. 1 (38 S. E. 2d, 680), it was not the intention of the court to make an authoritative ruling on the question. We have examined the original record in that case and the question under consideration was not raised or argued. The writ of error is, consequently,

¶2 Dismissed.

Sutton, P. J., and Parker, J.. concur.
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